2025 (4) TMI 2004

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.... grounds of appeal:- 1. The order of the Ld. CIT(A) confirming the order u/s 154 of the Act, is contrary to law, facts and opposed to the principles of natural justice and fair procedure. 2. The Ld. CIT(A) erred in confirming the denial of TDS credit claimed as per the return of Income filed by the appellant without appreciating the fact that the same is eligible credit. 3. The Ld. CIT erred in confirming the disallowance of TDS credit made by ld. AO on account of absence of corresponding income in the return of income. The disallowance made by ld. AO and sustained by ld. CIT(A) is arbitrary, baseless and not justified. 4. The Ld. CIT(A) ought to have appreciated the fact that the method of accounting fol....

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....d passed an order dated 26.10.2023. Aggrieved, the assessee preferred an appeal before the CIT(A). 3.1 Before the Ld.CIT(A), the assessee filed details of revenue receipts of Rs. 9,34,83,132/- consisting of contract work, rental facility, brokerage and commission and maintenance income earned during the impugned assessment year and stated that the CPC has denied TDS credit to the extent of Rs. 31,22,027/- stating that the corresponding income has not been offered in the ITR and the rectification application also rejected stating the same reason. Further, the CPC has failed to consider the nature of business and explanation furnished by the assessee for the discrepancy found in gross receipts between the 26AS and the books of accounts. Fu....

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....ear basis on percentage basis. However, the buyers of the projects have deducted applicable TDS u/s.194IA of the Act as and when the installments / sale consideration are paid to the assessee. Hence, the income of the corresponding TDS had already been offered as revenue or sale consideration in the earlier assessment years by the assessee. Therefore, the claim of TDS in the current financial year is related to the income which is already been offered to tax. The Ld.AR filed the complete details of TDS received both party-wise and year-wise in page No.2 of paper-book along with the section-wise TDS details in PB page No.3 for the assessment years 2018-19 to 2021-22 and prayed for granting the eligible TDS by setting aside the order of Ld.CI....